Tennant Agreement Ending - Advice Needed

Landlord Discussion Legal
1

Hello everyone,

I have a situation, and need some advice, let me see if I can explain the best I can.

  • My property is let via an agent.

  • On the 7th November 2022 my tenant singed a 12 month tenancy renewal (husband and wife on the agreement)

  • On the 1st May 2023 I told the letting agent I no longer want to use them and will manage the property myself, they require 12 months notice to terminate our contract, so I am obliged to remain with the agent until the 1st May 2024.

  • On the 1st June the current tenants wife left the property and no longer lives there.

  • On the 1st October the remaining tenant moved in his brother, I was okay with this as a permitted occupier (unsure if the current letting agreement allows this)

  • Today the tenancy agreement is still in the name of the husband and wife.

  • The current letting agent did an inspection of the property last week and informed that they want to cancel the current agreement, and instigate a new one to do alterations, add brother etc.

  • The agent wants to charge £150 to renew the agreement that expires on the 7th November.

Since we are leaving the agency on the 1st May, I don’t want anything to do with them, do I need to legally renew this tenancy agreement to include his brother, am in breach of any laws if we just leave the tenancy agreement as it is (which includes his wife).

Am I am able to create my own agreement via OpenRent even though the property is still in full management of the agent?

Any advice welcome. Thanks!

2

You do not need to renew the agreement and I would usually advise against it. Tenancy agreements dont normally need renewing and it tends not to be in the landlords interest to do that. Did the agent say what they thought was wrong with the current agreement?

The tenancy with the husband and wife is still in force and both are still liable for the rent. If things go wrong with the current arrangement, you have the useful option of asking the wife to serve notice to end it for everyone.

You should let the husband know that you can only accept rent from a named tenant and that if the brother wants to contribute to the rent, then it should be a private arrangement between them.

Incidently, agencies usually have a clause in their contract with the landlord to say that it cant be terminated whilst a tenant they found is still living there. You should check yours.

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